Federal Circuit En Banc Rehearing Likely To Clarify Method For Claim Construction

In what may lead to a clarifying opinion regarding patent claim construction, the U.S. Court of Appeals for the Federal Circuit agreed to rehear, en banc, an appeal previously decided by a three-judge panel. Phillips v. AWH Corporation, et al., Case Nos. 03-1269, 1286 (Fed. Cir. July 21, 2004) (Mayer, C.J.).

The April 8, 2004 panel decision of the Federal Circit affirmed the district court’s summary judgment of non-infringement by AWH of Phillips’ wall modules. The district court based its decision on the term "baffle," a claimed element of the wall module. The district court, relying only on the embodiment in the specification, construed the term to mean a baffle that extends inwardly at an angle other than ninety degrees. The Federal Circuit panel, also relying on the specification, affirmed the district court’s construction. Judge Dyk dissented, arguing that the term "baffle" should be given its plain meaning, and should not be limited to an angle other than ninety degrees.